Published 25 February 2019
WorkSafe sentencing — finger amputations — reparations. The defendant company appeared for sentencing for an incident where a machine malfunctioned, causing a serious finger injury to one of the defendant's employees. The Judge determined a $45,000 reparation was appropriate, having listened to the victim impact statement. The accident had impacted the victim's ability to touch and feel, as well as write and play music. Additionally, the Judge ordered the shortfall of the physiotherapist fees ($541) and ACC ($6741.97) to be paid, but made no order as to costs. In determining the fine, the Judge considered the offer of reparation, remorse, the remedial action taken, and the co-operation by the company, and reached a starting point of $600,000. The Judge then applied a 25 percent discount for both remorse and an early guilty plea, bringing the fine down to $337,500. However, the Judge decided not to order a fine and hoped the reparations and the remorse would be an incentive to achieve higher standards, like better design, training, monitoring, and maintenance of staff and machinery.
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